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1. Acceptance of These Terms
2. Eligibility
You must be at least 18 years old and legally capable of entering into a binding agreement to use the Services.
3. Account Registration
To access certain features, you may be required to create an account. You agree to: (a) provide accurate and complete information and keep it up to date; (b) maintain the security and confidentiality of your credentials; and (c) notify us immediately at: support@getviable.ai of any unauthorized use of your account. You are responsible for all activity that occurs under your account.
4. Description of Services
Viable Works, Inc. provides software tools, digital services, and related products designed to support business validation, testing, analytics, and related business intelligence activities. We reserve the right to modify, suspend, or discontinue any part of the Services at any time. Where a change materially reduces the functionality of a paid Service, we will use commercially reasonable efforts to provide advance notice.
5. Fees and Payment
If you purchase paid Services: (a) fees are billed as described at checkout or in an applicable order form; (b) unless otherwise stated, payments are non-refundable; and (c) we may change pricing upon at least thirty (30) days' notice, with changes taking effect at the start of your next billing cycle.
Auto-Renewal. Subscription plans automatically renew for successive terms equal in length to the initial term unless you cancel before the renewal date. You may cancel at any time through your account settings or by contacting: support@getviable.ai; cancellation takes effect at the end of the then-current billing period.
Taxes. Fees are exclusive of taxes. You are responsible for all applicable sales, use, VAT, and similar taxes, other than taxes on our net income.Failure to pay amounts when due may result in suspension or termination of the Services after notice and a reasonable opportunity to cure.
6. User Content
You retain ownership of any content, data, or materials you submit to the Services ("User Content").
By submitting User Content, you grant Viable Works a non-exclusive, worldwide, royalty-free license to use, host, store, process, transmit, and display such content solely as necessary to provide, maintain, secure, and improve the Services. We may use data derived from your use of the Services in aggregated, de-identified form that does not identify you or any individual, for analytics, benchmarking, and product improvement.
You represent and warrant that: (a) you own or have all rights necessary to submit your User Content; and (b) your User Content does not violate any law or infringe any third-party rights.
7. Feedback
If you provide suggestions, ideas, or other feedback about the Services ("Feedback"), you grant Viable Works a perpetual, irrevocable, worldwide, royalty-free license to use that Feedback for any purpose without obligation or compensation to you.
8. Acceptable Use
You agree not to: (a) violate any laws or regulations; (b) infringe intellectual property or other third-party rights; (c) interfere with the security, integrity, or performance of the Services; (d) attempt to reverse engineer, decompile, or disassemble the platform, except to the extent permitted by applicable law; (e) use the Services to transmit malicious code; (f) access the Services to build a competing product or service; or (g) resell, sublicense, or share access to the Services except as expressly permitted. We may suspend or terminate accounts that violate this Section.
9. Intellectual Property
All software, branding, trademarks, and platform materials that comprise the Services are owned by Viable Works or its licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are granted to you. You may not copy, distribute, modify, or create derivative works of the Services without our prior written permission.
10. Publicity; Use of Customer Marks
You grant Viable Works a non-exclusive, worldwide, royalty-free license to use the name, logo, and trademarks of the company under which you register for the Services ("Customer Marks") to identify you as a customer of Viable Works on our website, in marketing materials, sales presentations, customer lists, and other public communications.Our use of Customer Marks will conform to any brand or trademark usage guidelines you provide to us, and all goodwill arising from such use will inure solely to your benefit. Viable Works acquires no ownership interest in the Customer Marks.You may revoke this license at any time by written notice to support@getviable.ai. Following revocation, we will make no new uses of the Customer Marks and will remove existing uses from materials within our control within thirty (30) days, provided that we are not obligated to recall materials already distributed.You represent and warrant that you have the authority to grant this license on behalf of your company.
11. Confidentiality
Each party agrees to protect the other party's non-public information disclosed in connection with the Services ("Confidential Information") using at least reasonable care, and not to use or disclose it except as necessary to provide or use the Services or as permitted by these Terms.Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party before disclosure; (c) is independently developed without use of the disclosing party's Confidential Information; or (d) is rightfully received from a third party without a duty of confidentiality.A party may disclose Confidential Information to the extent required by law or court order, provided it gives the other party prompt notice (where legally permitted) and reasonable cooperation to seek protective treatment. These obligations survive for three (3) years after termination of these Terms, except for trade secrets, which remain protected for as long as they qualify as such.
12. Third-Party Services
The Services may integrate with or link to third-party platforms and services. Your use of third-party services is governed by their own terms, and we are not responsible for third-party services or content.
13. Copyright Complaints
If you believe content on the Services infringes your copyright, send a notice complying with the Digital Millennium Copyright Act (17 U.S.C. § 512) to our designated agent at support@getviable.ai We may remove allegedly infringing content and terminate the accounts of repeat infringers.
14. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY RESULTS OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (i) THE AMOUNTS PAID BY YOU TO VIABLE WORKS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100).THE FOREGOING LIMITATIONS DO NOT APPLY TO: (a) YOUR INDEMNIFICATION OBLIGATIONS; (b) EITHER PARTY'S GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT; OR (c) LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
16. Indemnification
You agree to indemnify, defend, and hold harmless Viable Works, Inc. and its officers, directors, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of: (a) your use of the Services in violation of these Terms; (b) your User Content; or (c) your violation of any law or third-party right.
17. Term and Termination
You may cancel your account at any time. We may suspend or terminate your access to the Services: (a) for material breach of these Terms that remains uncured fifteen (15) days after notice; (b) immediately, where required by law or where your conduct threatens the security or integrity of the Services; or (c) upon discontinuation of the Services.
Effect of Termination. Upon termination: (a) your right to access the Services ceases; (b) upon request made within thirty (30) days of termination, we will make your User Content available for export in a commonly used format, after which we may delete it in accordance with our data retention practices; and (c) any fees owed through the effective date of termination remain payable.
Survival. Sections 6 (license to aggregated data), 7, 9, 11, 14, 15, 16, 18, and 20, and any other provisions that by their nature should survive, will survive termination.
18. Governing Law; Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles.
Before filing any claim, each party agrees to attempt in good faith to resolve the dispute informally by contacting the other party and allowing thirty (30) days for resolution. Any dispute not resolved informally shall be resolved exclusively in the state or federal courts located in Delaware, and each party consents to the personal jurisdiction of those courts. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.
19. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Services at least fifteen (15) days before the changes take effect, and we will update the Effective Date above. Your continued use of the Services after the effective date of the revised Terms constitutes acceptance. If you do not agree to the revised Terms, you must stop using the Services and may cancel your account.
20. General Provisions
Entire Agreement. These Terms, together with the Privacy Policy and any order forms, constitute the entire agreement between you and Viable Works regarding the Services and supersede all prior agreements on that subject.
Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.
Waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.Force
Majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, governmental action, or failures of the internet or utilities.
Export Compliance. You may not use the Services in violation of U.S. export control or sanctions laws.
Notices. We may provide notices via email to the address associated with your account or through the Services. Notices to Viable Works must be sent to the address below or to support@getviable.ai
21. Contact Information
Viable Works, Inc.
648 N Madison Street, #102
Bloomington, IN 47404
support@getviable.ai
